Civil Procedure Code (CPC)

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iftekhar alam   11 February 2020

164 statements may re recorded

sir,
I am on behalf of victim in POCSO case and police forcefully threatened the victim and recorded her statements as his own direction .
that I want to re recorded her statements before the court ,
sir did any process by which I recorded her statements before the Magistrate without presence of police or any others.
very urgent help me


 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     11 February 2020

what is your locus in case

Joy Bose   11 February 2020

Hello,
The victim has the right to record the statement under section 164 of the CrPC in the presence of a magistrate. 

the statement under section 164 of the Code has to be recorded during the course of investigation only or any time afterward but before the commencement of the inquiry or trial. It is also necessary for the magistrate recording such a statement take all precautions while the same is recorded and to satisfy him that the same is voluntary, it is not out of any fear or favor and there is no policeman present while the same is recorded.

Regards,

Joy Bose

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     12 February 2020

dear no need to worry. prosecutrix may make a complaint to court that in her case police is doing fair investigation. Police had done everything to save culprits. Even Police had got recorded her statement y force. Prosecutrix may demand to change of investigation officer and recording of her statement efore court under section 164 Cr.P.C.

 

rohit bhardwaj   13 February 2020

statement u/s 164 CrPC is recorded by the Magistrate. But, the same is recorded during investigation. If, police doesn't want it to be recorded, then prosecutrix can not get it recorded on her own. But, she can file a complaint before the concerned POCSO Court in this regard not more than that. But, it is the prerogative of the investigating agency to decide whether statement before magistrate is required or not..

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